Family Responsibilities Commission Act 2008

This Act may be cited as the Family Responsibilities Commission Act 2008.

This Act, other than the following provisions, commences on a day to be fixed by proclamation—

section 6;

section 94;

schedule, to the extent it inserts the definitions compulsory school age, education chief executive, non-State school, school and State school.

This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act.

The main objects of this Act are—

to support the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and

to help people in welfare reform community areas to resume primary responsibility for the wellbeing of their community and the individuals and families of the community.

The objects are to be achieved mainly by establishing the Family Responsibilities Commission—

to hold conferences about agency notices; and

to deal with the matters to which the notices relate in a way that—

encourages community members the subject of a conference to engage in socially responsible standards of behaviour; and

promotes the interests, rights and wellbeing of children and other vulnerable persons living in a welfare reform community area.

The Act is to be administered under the principle that the wellbeing and best interests of a child are paramount.

Subject to subsection (1), this Act is also to be administered under the following principles—

in a conference about an agency notice, the commission should deal with the matters to which the notice relates in a way that—

facilitates early intervention in relation to the matters; and

supports the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and

makes appropriate use of community support services;

in a conference about an agency notice involving a child, the child’s views and wishes should be taken into account in a way that has regard to the child’s age and ability to understand;

Aboriginal tradition and Island custom must be taken into account in matters involving Aboriginal people or Torres Strait Islanders;

the commission should deal with agency notices in a timely way.

The dictionary in the schedule defines particular words used in this Act.

A person is a community member if—

the person is a welfare recipient; and

either—

the person’s usual place of residence is, or was on the commencement of this section, in a welfare reform community area; or

the person has, at any time after the commencement of this section, lived in a welfare reform community area for at least 3 months.

A person is a welfare recipient if—

under the Social Security Administration Act, part 3B, the person or the person’s partner is an eligible recipient of a category P welfare payment; or

under the Social Security Administration Act, part 3B, neither the person nor the person’s partner is an eligible recipient of a category P welfare payment, but the person or the person’s partner is an eligible recipient of a category R welfare payment.

A welfare reform community area is an area prescribed by regulation as a welfare reform community area.

Before recommending to the Governor in Council that an area be prescribed as a welfare reform community area the Minister must have regard to the main objects of this Act.

The Family Responsibilities Commission is established.

The commission has the following functions—

to hold conferences and make decisions under this Act about agency notices in relation to community members;

to deal with, under part 7, division 2, a person’s noncompliance with a case plan;

to hear applications to the commission to amend or end a family responsibilities agreement or family responsibilities order.

The commission also has the other functions given to the commission under this or another Act.

The commission has the powers necessary or convenient to perform the commission’s functions.

The commission also has the other powers given to the commission under this or another Act.